Salleh Abas
Encyclopedia
Malay titles
The Malay language has a complex system of titles and honorifics, which are still used extensively in Malaysia and Brunei. Singapore, whose Malay royalty was abolished by the British colonial government in 1891, has adopted civic titles for its leaders....
Haji Mohamed Salleh bin Abas (born 1929) is a former Lord President
Lord President of the Federal Court
The title of Lord President of the Supreme Court was formerly the title of the head of the judiciary in Malaysia, until 1994 when the office was renamed "Chief Justice of the Federal Court"....
of the Federal (later Supreme) Court of Malaysia. He was dismissed from his post during the 1988 Malaysian constitutional crisis
1988 Malaysian constitutional crisis
The 1988 Malaysian constitutional crisis was a series of events that began with United Malays National Organisation general election in 1987 and ended with the suspension and the eventual removal of the Lord President of the Supreme Court, Tun Salleh Abas, from his seat...
. This action is condemned internationally and widely considered to be the event that triggered a marked reduction in the independence of the Malaysian judiciary
Courts of Malaysia
The Judiciary of Malaysia is largely centralized despite Malaysia's federal constitution, heavily influenced by the British Common Law and to a lesser extent Islamic law, and is mostly independent from political interference.-History:...
.
Early life
Salleh was born in BesutBesut
Besut is a district in the Malaysian state of Terengganu. It is bordered by the state of Kelantan to the north and the South China Sea to the east. It is the northern gateway to Terengganu. Kampung Raja is the district capital, though Jertih is more developed. Another major town is Kuala Besut....
, Terengganu
Terengganu
Terengganu is a sultanate and constitutive state of federal Malaysia. The state is also known by its Arabic honorific, Darul Iman...
. He left in 1949 for the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, where he graduated with a degree in law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
from the University of Wales, Aberystwyth. In 1957 when he returned, he joined the legal service. He then served in Kota Baru, Kelantan
Kelantan
Kelantan is a state of Malaysia. The capital and royal seat is Kota Bharu. The Arabic honorific of the state is Darul Naim, ....
as a magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
. Soon after independence that same year, he was transferred to the national capital of Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
, where he served as Deputy Public Prosecutor. He then returned to Britain to obtain a Master's degree
Master's degree
A master's is an academic degree granted to individuals who have undergone study demonstrating a mastery or high-order overview of a specific field of study or area of professional practice...
in international law and constitution at the University of London
University of London
-20th century:Shortly after 6 Burlington Gardens was vacated, the University went through a period of rapid expansion. Bedford College, Royal Holloway and the London School of Economics all joined in 1900, Regent's Park College, which had affiliated in 1841 became an official divinity school of the...
. He returned in 1962, upon which he was appointed state legal adviser and Deputy Public Prosecutor for both Negeri Sembilan
Negeri Sembilan
Negeri Sembilan, one of the 13 states that constitutes Malaysia, lies on the western coast of Peninsular Malaysia, just south of Kuala Lumpur and borders Selangor on the north, Pahang in the east, and Malacca and Johor to the south....
and Melaka. He returned to Kuala Lumpur a year later, and served in a variety of posts under the Attorney-General, culminating in an appointment as Solicitor-General.
At the age of 50, he wanted to retire, but was persuaded otherwise by then Lord President of the Federal Court, Tun Suffian Hashim
Mohamed Suffian Mohamed Hashim
Tun Mohamed Suffian Hashim was a Malaysian judge, eventually serving as Lord President of the Federal Court from 1974 to 1982...
. Salleh was appointed as a Federal Court judge instead. Although the work bored him, he continued. When Suffian retired in 1982 and was replaced by Raja Azlan Shah, Salleh became Chief Judge of Malaya. However, within two years, the Sultan of Perak
Perak
Perak , one of the 13 states of Malaysia, is the second largest state in the Peninsular Malaysia bordering Kedah and Yala Province of Thailand to the north, Penang to the northwest, Kelantan and Pahang to the east, Selangor the Strait of Malacca to the south and west.Perak means silver in Malay...
died. Raja Azlan was forced to resign to ascend the throne, and Salleh became Lord President in 1984.
During Salleh's tenure, the Federal Court became officially the highest court in the land. Previously, its decisions could have been appealed to the British Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
, but due to concern over this colonial legacy, the link was officially cut. Salleh would later express regret over this, as he believed he might not have been fired had the link to the Privy Council been maintained. In 1985, the Federal Court was renamed the Supreme Court.
Constitutional crisis
In 1987, elections for the leadership of the United Malays National OrganisationUnited Malays National Organisation
The United Malays National Organisation, is Malaysia's largest political party; a founding member of the National Front coalition, which has played a dominant role in Malaysian politics since independence....
(UMNO) were held. UMNO was the leader of the governing Barisan Nasional
Barisan Nasional
Barisan Nasional is a major political coalition in Malaysia, formed in 1973 as the successor to the Alliance . Along with its predecessor, it has been Malaysia's federal ruling political force since independence...
(BN) coalition, and its President would automatically become Prime Minister of Malaysia
Prime Minister of Malaysia
The Prime Minister of Malaysia is the indirectly elected head of government of Malaysia. He is officially appointed by the Yang di-Pertuan Agong, the head of state, who in HM's judgment is likely to command the confidence of the majority of the members of that House of Representatives , the...
. Tengku Razaleigh Hamzah
Tengku Razaleigh Hamzah
Tan Sri Tengku Razaleigh bin Tengku Mohd Hamzah is a major Malaysian political figure from the state of Kelantan, and a former Finance Minister. He is an uncle of the current Raja Perempuan of Kelantan. Tengku is a Malay hereditary title usually translated as prince...
challenged the incumbent UMNO President and Prime Minister Mahathir bin Mohamad
Mahathir bin Mohamad
Tun Dr. Mahathir bin Mohamad . is a Malaysian politician who was the fourth Prime Minister of Malaysia. He held the post for 22 years from 1981 to 2003, making him Malaysia's longest serving Prime Minister. His political career spanned almost 40 years.Born and raised in Alor Setar, Kedah, Mahathir...
, and was widely touted to win the Presidency. However, Mahathir won 761 votes to Razaleigh's 718, and remained President. Many of Razaleigh's supporters refused to accept this, and argued that the election was tainted. 12 UMNO members filed suit in the High Court, attempting to get a court order for new elections. As part of their evidence, they presented claims that 78 of the 1,479 delegates eligible to vote in the elections were illegal, and that several documents involved in the election had been tampered with. Later, one of the 12 plaintiffs withdrew from the suit. Although Razaleigh was not involved in the case, it was widely believed he had been funding and supporting the suit.
On September 30, 1987, the High Court gave the parties two weeks to reach a negotiated settlement. A "Unity Panel" was formed to negotiate between the Mahathir and Razaleigh camps, but it soon appeared the differences were interminable. Razaleigh's supporters wanted new elections held, while Mahathir's supporters insisted that the elections stand and that Razaleigh's camp accept a compromise "face-saving" solution. On October 19, the plaintiffs announced the suit would continue.
Mahathir, who had never been fond of the judiciary, began making heated statements about it at this time. Mahathir declared, "The judiciary says, 'Although you passed a law with a certain thing in mind, we think that your mind is wrong, and we want to give our interpretation.' If we disagree, the courts will say, 'We will interpret your disagreement.' ... We know exactly what we want to do, but once we do it, it is interpreted in a different way." Mahathir also lambasted "black sheep ... who want to be ... fiercely independent" and play to public opinion. Soon after, nine judges sitting on the High Court were reassigned to different divisions; Justice Harun Hashim, who presided over the UMNO case, was transferred from appellate and special powers cases to commercial crimes. However, because the UMNO case was already in progress, his transfer would not take effect until the case closed. Harun later ruled that under the evidence presented, it was clear several UMNO delegates had come from unregistered branches of the party. In line with the law, he declared he was forced to declare UMNO an illegal society, and thereby dismissed the case of the plaintiffs. Mahathir soon formed a new party, UMNO Baru (New UMNO), to replace UMNO. Within a year, the suffix "Baru" was dropped, making it just plain "UMNO".
Mahathir was upset with the judiciary's increasing independence, and in 1988, the government tabled a bill in Parliament
Parliament of Malaysia
The Parliament of Malaysia is the national legislature of Malaysia, based on the Westminster system. The bicameral parliament consists of the House of Representatives and the Senate. The King as the Head of State is the third component of Parliament....
to amend Articles 121 and 145 of the Constitution
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
. These amendments disvested the courts of the "judicial power of the Federation", giving them only such power as Parliament might grant them. The Attorney-General was also empowered to determine the venues in which cases would be heard.
At this point, Salleh Abas, who was then Lord President of the Supreme Court, began making strong statements about defending the autonomy of the judiciary. However, he did not name Mahathir, and spoke in rather general terms. However, Salleh was pressured by his fellow judges into taking stronger action. He convened a meeting of all 20 federal judges in the national capital of Kuala Lumpur. They decided not to directly challenge Mahathir, and instead address a confidential letter to the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
(King) and the rulers of the various states. The letter stated, "All of us are disappointed with the various comments and accusations made by the Honourable Prime Minister against the Judiciary, not only outside but within the Parliament." However, instead of calling for any direct action to be taken, the letter only stated the judges' "hope that all those unfounded accusations will be stopped".
Ironically, the then Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
(King of Malaysia), who was also the Sultan of Johor
Johor
Johor is a Malaysian state, located in the southern portion of Peninsular Malaysia. It is one of the most developed states in Malaysia. The state capital city and royal city of Johor is Johor Bahru, formerly known as Tanjung Puteri...
— Sultan Mahmud Iskandar, who as heir apparent
Heir apparent
An heir apparent or heiress apparent is a person who is first in line of succession and cannot be displaced from inheriting, except by a change in the rules of succession....
to the Johor throne had been prosecuted by Salleh Abas when he was Public Prosecutor back in 1973. The Sultan was eventually convicted of assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
and sentenced to six months in jail. It is not known what the King did upon receipt of the letter, but it appears he informed Mahathir, and that they agreed to take disciplinary action against Salleh Abas.
Salleh, who had gone overseas soon after the letter was sent, was summoned by Mahathir upon his return. Salleh later claimed that at the meeting, Mahathir accused him of bias in the UMNO case, and demanded his resignation. Salleh was also immediately suspended from his post as Lord President. Although Salleh initially agreed, when he was later informed that his suspension would be backdated so as to nullify some of his earlier actions in then pending cases such as the UMNO case, he withdrew his resignation. The government then initiated impeachment
Impeachment
Impeachment is a formal process in which an official is accused of unlawful activity, the outcome of which, depending on the country, may include the removal of that official from office as well as other punishment....
proceedings against Salleh. Salleh would later claim that the government attempted to bribe him to resign.
Under the Constitution, judges are impeached by a special tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
of judges, appointed by the government. Four Malaysian judges, a Sri Lanka
Sri Lanka
Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka is a country off the southern coast of the Indian subcontinent. Known until 1972 as Ceylon , Sri Lanka is an island surrounded by the Indian Ocean, the Gulf of Mannar and the Palk Strait, and lies in the vicinity of India and the...
n judge, and a Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
an judge were appointed to form a six-member tribunal that would hear the case. The tribunal chairman was Justice Abdul Hamid Omar
Abdul Hamid Omar
Tun Abdul Hamid Bin Haji Omar Tun Abdul Hamid Bin Haji Omar Tun Abdul Hamid Bin Haji Omar (born Abdul Hamid Bin Omar (March 25, 1929 - September 1, 2009) was a former Chief Justice of Malaysia.- Early life :Abdul Hamid Omar was born on 25 March 1929 in Kuala Perlis, Perlis Indera Kayangan...
, who was appointed as acting Lord President due to Salleh's suspension. Salleh was officially charged with writing "a letter to the Agong without approval of all judges in the country", displaying "bias and prejudice" against the government, and seeking "to undermine public confidence in the government's administration". In addition, the government took issue with a ruling Salleh had made in a case involving a minor's religion, and a statement he had made to the media after his suspension, which allegedly was "calculated to politicise the issues and further discredit the government".
Salleh was represented by Anthony Lester, QC, who objected to the tribunal's composition. It was argued Abdul Hamid had a vested interest in the case's outcome, since if Salleh was impeached, he would remain Lord President. It was also claimed that the tribunal was improperly constituted because two of the judges were relatively junior, and that the two foreign judges were from countries not noted for judicial independence. Salleh demanded to be tried by peers of equal standing — retired Lord Presidents, if need be. He also demanded that the tribunal make its hearings public. All of these claims were rejected by the tribunal, and Salleh withdrew from the proceedings.
Instead, Salleh asked the Supreme Court to stay the proceedings because of the tribunal's alleged improper constitution and because the King had been "wrongfully advised". The Supreme Court, in an emergency session, unanimously ruled that the proceedings be stayed. Four days later, the Yang di-Pertuan Agong
Yang di-Pertuan Agong
The Yang di-Pertuan Agong is the head of state of Malaysia. The office was established in 1957 when the Federation of Malaya gained independence....
suspended the five Supreme Court judges who had issued the order, on Mahathir's advice. The government announced it would now attempt to impeach those five judges as well for "gross misbehaviour" and conspiring "to make the order". There were now only four judges on the Supreme Court, two of them also sitting on the tribunal. The government appointed new judges to fill the void, who refused to hear any further motions by Salleh Abas. The tribunal eventually found Salleh guilty, and he was officially relieved of his position. Of the five judges who had supported him, two were convicted, and the other three were acquitted.
Post-conviction
Soon after his conviction, Salleh was conferred the "Darjah Kerabat Yang Amat Dihormati (Al-Yunusi) (D.K.)", the highest honour the Sultan of KelantanKelantan
Kelantan is a state of Malaysia. The capital and royal seat is Kota Bharu. The Arabic honorific of the state is Darul Naim, ....
could confer.
Salleh contested the 1995 general election
Malaysian general election, 1995
General elections were held in Malaysia on 25 April 1995. The result was a victory for the UMNO-led Barisan Nasional, which won 162 of the 192 seats. Voter turnout was 68.3%.-Results:...
for the Lembah Pantai
Lembah Pantai
Lembah Pantai is a parliamentary constituency in Kuala Lumpur, Malaysia. Constituencies adjacent to Lembah Pantai are Seputeh, Segambut and Bukit Bintang....
parliamentary constituency (an area in Kuala Lumpur which includes the neighbourhood of Bangsar
Bangsar
Bangsar, also Bungsar , is an affluent residential suburb on the outskirts of Kuala Lumpur, lying about south-west of the city centre. It is part of the Lembah Pantai parliamentary constituency...
) under the Semangat 46 ticket, and failed.
In the 1999 general election
Malaysian general election, 1999
The 1999 Malaysian General Election was held on 29 November 1999 as stipulated by the laws of Malaysia for general elections. As expected, the Barisan Nasional coalition maintained its majority in parliament, and thus, its grip on the post of Prime Minister....
, Salleh was elected as Terengganu State Assemblyman for the constituency of Jertih on the ticket of PAS
PAS (political party)
The Pan-Malaysian Islamic Party commonly known as PAS or Pas, is an Islamist political party in Malaysia and is currently headed by Dato' Seri Abdul Hadi Awang...
, an Islamic party. He did not run again in the 2004 general election
Malaysian general election, 2004
General elections were held in Malaysia on March 21, 2004. The incumbent National Front government of Prime Minister Dato' Seri Abdullah Ahmad Badawi was re-elected with an increased majority.-Election results:...
due to poor health.
Recent developments
Mahathir Mohammed stepped down from the premiership in 2003 and had chosen Abdullah Ahmad BadawiAbdullah Ahmad Badawi
Tun Abdullah bin Haji Ahmad Badawi is a Malaysian politician who served as Prime Minister from 2003 to 2009. He was also the President of the United Malays National Organisation , the largest political party in Malaysia, and led the governing Barisan Nasional parliamentary coalition...
to be his successor. In 2006, the relationship between the two became less than warm as Mahathir started to criticize the latter's policies. It was during this time when the first serious call for a judicial review of the 1988 crisis. Among the loudest advocates of the review is Tun Salleh Abas himself. The current administration however has dismissed such call. Minister in the Prime Minister's Department Nazri Aziz, who was then de facto Law Minister, said that he was not convinced of the need to review the case.
After the 2008 general election
Malaysian general election, 2008
The 12th Malaysian general election was held on March 8, 2008, in accordance with Malaysian laws for national elections, which states that a general election must be held no later than five years subsequent to the previous elections; the previous general election was held in 2004...
which saw heavy losses for BN, Abdullah reshuffled his Cabinet. Within days of his appointment, new de facto Law Minister Zaid Ibrahim
Zaid Ibrahim
Dato' Mohd Zaid Ibrahim is a prominent Malaysian lawyer turned politician and is a former Minister in the Prime Minister's Department in charge of legal affairs and judicial reform...
stated that the government had to openly apologise for its handling of the crisis, calling it one of his three main goals: "In the eyes of the world, the judicial crisis has weakened our judiciary system." However, he rejected the idea of reviewing the decision: "I am not suggesting that we re-open the case. I am saying that it’s clear to everyone, to the world, that serious transgressions had been committed by the previous administration. And I believe that the prime minister is big enough and man enough to say that we had done wrong to these people and we are sorry."
The Bar Council welcomed the proposal. Newly-appointed Domestic Trade and Consumer Affairs Minister Shahrir Abdul Samad
Shahrir Abdul Samad
Datuk Seri Utama Shahrir Abdul Samad is the former Malaysian Domestic Trade and Consumer Affairs Minister, a member of Parliament, and the former chairman of the Barisan Nasional Backbenchers Club . He is a member of the United Malays National Organisation, the largest political party in the...
also voiced support: "The Government has apologised for so many other things to the people, such as the untimely destruction of temples and other issues. So, why not an apology to a former Lord President?"
Further reading
- "Barbarism to Verdict", a History of the Common Law (Harper Collins 1994) by Justin FlemingJustin FlemingJustin Fleming , born Sydney, Australia is a playwright and author. He has written for theatre, music theatre, television and cinema and his works have been produced and published in Australia, the US, Canada, the UK, Belgium, Poland and France...
- "Coup d'État", by Justin FlemingJustin FlemingJustin Fleming , born Sydney, Australia is a playwright and author. He has written for theatre, music theatre, television and cinema and his works have been produced and published in Australia, the US, Canada, the UK, Belgium, Poland and France...
published by Xlibris (2004) in Coup d'État & Other Plays.
External links
- May Day for Justice. A book by Tun Salleh Abas.